- 17 - government has priority rights to the funds.”8 IRM pt. 5.8.5.5.3.8 (2004). The AO followed published guidelines in computing petitioner’s future income and determined that petitioner’s RCP exceeded $100,000. Petitioner complains that the AO inappropriately increased petitioner’s monthly income based on a year-end bonus that was not guaranteed. The record does not disclose the precise reason the AO determined that petitioner and the OIC examiner had understated petitioner’s 2004 income. However, even the original OIC examiner determined that petitioner’s RCP was more than $80,000. Both RCPs are substantially greater than petitioner’s tax liability and both demonstrate that respondent determined that petitioner can pay his liability in full. 8 If a taxpayer justifies and substantiates that expenses for unsecured debts like credit card minimum payments are necessary for either the production of income or for the health and welfare of the taxpayer and his family, those expenses are allowable. Lemann v. Commissioner, T.C. Memo. 2006-37 n.13. Petitioner testified vaguely: (1) That some of his credit card debt resulted from the purchase of household items and living expenses; (2) that he did not remember what he purchased; and (3) that he used a credit card when he did not have sufficient cashflow, whether employed or unemployed. He did not remember whether he bought food with his credit cards. He may have charged dinners but not necessarily groceries. Petitioner does not specifically allege that his credit card debt resulted from necessary expenditures for the production of income or for his family’s health and welfare. Accordingly, we conclude that this unsecured debt is not allowable as an expense in an offer-in- compromise. See id.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: March 27, 2008